Mr. Gopinath Harishchandra Ghag vs Smt. Chandrabai Savlaram Sawant ...
2022 Latest Caselaw 13409 Bom

           Digitally signed
           by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
         2022.12.22
           14:42:57 +0530




                                                                      5-ia-18880-2022.doc

jsn
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.18880 OF 2022
                                                      IN
                                  CIVIL REVISION APPLICATION NO.164 OF 2022

          Mr. Gopinath Harishchandra Ghag                               ...Applicant
                In the matter between
          Smt. Chandrabai Savlaram Sawant & Ors.                        ...Appellants

                              Versus

          Mr. Gopinath Harishchandra Ghag                               ...Respondent

                                                      ----------
          Mr. Omkar Nagwekar, for the Appellants.
          Mr S.A. Jabbar with Avinath Naikwadi i/b. Sadik T. Pathan for the
          Respondent.
                                                      ----------

                                               CORAM :        R.I. CHAGLA J.

                                               DATE      :    21ST DECEMBER, 2022.

          ORDER :

1. By this Interim Application, the Applicant / Respondent /

Original Plaintiff is seeking directions against the Appellants in the

Civil Revision Application to deposit the mesne profit as per Exhibit E

of the Affidavit in Reply. It is to be noted that in the impugned

judgment and order dated 30th September, 2016 of the Trial Court

which has been upheld by the Appellate Bench, reference was made

5-ia-18880-2022.doc

to the Application for fixing standard rent being Miscellaneous

Application No.104 of 2009 filed in respect of the tenanted premises.

This application has remained to be determined.

2. In the Civil Revision Application No.164 of 2022, this

Court by order dated 14th July, 2022 had noted that the Court below

had failed to consider the issue of comparative hardship and in the

opinion of the Court consideration regarding the sustainability of

decree impugned on the ground of bonafide need, needed to be

appreciated. There was accordingly stay granted to the execution of

the warrant of possession. It was recorded that the claim of the

Respondent / landlord being the original Plaintiff in the Regular Civil

Suit No.736 of 2008 was deposit of arrears of rent. Liberty was

granted to take appropriate proceedings to that effect in the pending

proceedings initiated by the Applicant for fixing the standard rent.

3. The learned Counsel for the Appellant, in the Civil

Revision Application has tendered Roznama and status of the

application for fixing of standard rent which still remains to be

determined, though having been filed in 2009 i.e. 3rd February,

2009. It is mentioned in the status report that the next date of

hearing of the application for standard rent fixed by the Civil Judge,

5-ia-18880-2022.doc

Junior Division, Thane on 21st January, 2023. Accordingly, the

Interim Application which has been filed by the Respondents to the

Civil Revision Application seeking directions for deposit of mesne

profit cannot be considered and appropriate application is required to

be made by the Respondents in the District Court, Thane, wherein

the standard rent application filed by the Applicants would be

determined.

4. Accordingly, the Interim Application No.18880 of 2022 is

disposed of by this Order.

5. The ad-interim relief which has been granted earlier by

this Court on 10th November, 2021 directing that the possession

warrant not to be executed and which has continued from time to

time shall further continue till 1st February, 2023.

6. The Civil Revision Application shall be listed for

admission on 1st February, 2023.

[R.I. CHAGLA J.]